PROTECTION AGAINST FAMILY VIOLENCE REGULATION
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1 Province of Alberta PROTECTION AGAINST FAMILY VIOLENCE ACT PROTECTION AGAINST FAMILY VIOLENCE REGULATION Alberta Regulation 80/1999 With amendments up to and including Alberta Regulation 14/2016 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park Plaza Avenue Edmonton, AB T5K 2P7 Phone: Fax: qp@gov.ab.ca Shop on-line at
2 Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.
3 (Consolidated up to 14/2016) ALBERTA REGULATION 80/99 Protection Against Family Violence Act PROTECTION AGAINST FAMILY VIOLENCE REGULATION Table of Contents 1 Definitions 3 Designated persons 4 Applications in person or by telecommunication 5 Evidence at hearing 6 Emergency protection order 7 Service 8 Substitutional service 9 Actual notice 10 Proof of service 11 Warrant 13 Coming into force Definitions 1(1) In this Regulation, (a) Act means the Protection Against Family Violence Act; (b) designated person means a person or a member of a category of persons designated in section 3; (c) judge means a judge of the Provincial Court or a justice of the peace; (d) order means an emergency protection order. (2) For the purposes of the Act and this Regulation, (a) peace officer means (i) a police officer as defined in the Police Act, while exercising or discharging those powers or duties, and (ii) a person appointed under the National Defence Act (Canada) regulations for the purposes of section 156 of the National Defence Act (Canada), while
4 Section 3 PROTECTION AGAINST FAMILY VIOLENCE REGULATION AR 80/99 exercising or discharging those powers or duties in a defence establishment as defined in that Act, (iii) repealed AR 134/2011 s2. (b) repealed AR 192/2006 s2. (3) For the purposes of section 2(6) of the Act, working day means any day on which the courts in Alberta are open for operation. AR 80/99 s1;192/2006;134/ Repealed AR 134/2011 s3. Designated persons 3 The following are designated persons for the purpose of applying for orders under section 6(1)(b) of the Act: (a) a peace officer or a person authorized by a police service to assist in applying for orders; (b) a director designated under section 129 of the Child, Youth and Family Enhancement Act; (c) a person or category of persons authorized by the Minister of Human Services to apply for orders. AR 80/99 s3;206/2001;192/2006;68/2008;31/2012 Applications in person or by telecommunication 4(1) An application for an order shall be made in person. (2) Notwithstanding subsection (1), a designated person may apply for an order by telecommunication. Evidence at hearing 5(1) At the hearing of an application for an order, a judge shall (a) take the evidence under oath in accordance with the Alberta Evidence Act, and (b) ensure that a record of the evidence of each person is made (i) in legible writing in the form of notes made by the judge or a statement of the person giving the evidence, or (ii) by a sound recording of the proceedings. 2
5 Section 6 PROTECTION AGAINST FAMILY VIOLENCE REGULATION AR 80/99 (2) For the purposes of subsection (1), an oath may be administered by telecommunication. AR 80/99 s5;192/2006 Emergency protection order 6 When a judge grants an order, the judge shall complete the original order and, for the purposes of sections 7 and 10(2), (a) ensure 3 copies are made, or (b) if the order is granted by telecommunication, direct the designated person to complete 3 copies of the order containing the same information and provisions as the original order. AR 80/99 s6;192/2006 Service 7(1) A copy of an order shall be served on the respondent as soon as reasonably possible by a peace officer or by any other person that the judge directs. (2) Where a person makes an application on behalf of a claimant, that person shall provide a copy of the order to the claimant. AR 80/99 s7;192/2006 Substitutional service 8(1) If it is impractical for any reason to personally serve an order pursuant to section 7(1), a designated person may apply to a judge, in person or by telecommunication, for an order for substitutional service. (2) An application for substitutional service is to be supported by evidence setting out why personal service is impractical and proposing a method of service that is likely to bring notice of the order to the respondent. (3) In making a substitutional service order, the judge shall direct, on any terms that the judge considers appropriate, any one or more of the following methods of substitutional service that the judge is satisfied is likely to bring notice of the order to the respondent: (a) serving a member of the respondent s family or another person who is able to bring the order to the respondent s attention; (b) serving a person with whom the respondent is residing or leaving the order at the place where the respondent is residing; 3
6 Section 9 PROTECTION AGAINST FAMILY VIOLENCE REGULATION AR 80/99 (c) posting the order in a public place; (d) publishing the order in a newspaper; (e) sending the order by electronic mail to the respondent s address; (f) any other method the judge considers appropriate. AR 80/99 s8;192/2006 Actual notice 9 For the purposes of section 5 of the Act, a respondent has actual notice of an order if (a) the respondent is personally served with a copy of the order, or (b) there are other circumstances that, in the opinion of the court, provide the respondent with actual notice. AR 80/99 s9;192/2006 Proof of service 10(1) Service of a document may be proved by the oral testimony or affidavit of the person who served it. (2) A peace officer who serves an order on a respondent shall as soon as practicable after service forward the completed affidavit of service with a copy of the order attached as an exhibit to the Clerk of the Court of Queen s Bench at the judicial centre named pursuant to section 2(6) of the Act. AR 80/99 s10;192/2006 Warrant 11(1) For the purposes of section 10 of the Act, peace officers are designated as a category of persons who may apply for a warrant. (2) An application for a warrant by a peace officer may be made in person or by telecommunication. 12 Repealed AR 14/2016 s2. Coming into force 13 This Regulation comes into force on the date the Act comes into force. 4
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